The Regulation On Foreign Subsidies Distorting The Internal Market
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The Regulation On Foreign Subsidies Distorting The Internal Market
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Author : Wolfgang Weiß
language : en
Publisher: Springer Nature
Release Date : 2024-06-04
The Regulation On Foreign Subsidies Distorting The Internal Market written by Wolfgang Weiß and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-06-04 with Law categories.
The book shows that the Regulation pursues its objective of ensuring greater equality of competitive conditions on the EU ́s Internal Market only by accepting new bureaucracy, establishing the need for complex and extensive assessments and raising considerable legal uncertainties as a result of undefined legal terms and comprehensive Commission discretion. The EU legislators, the Council and the European Parliament, in June 2022 adopted a new regulation that entered into force 12 January 2023: Regulation 2022/2560 on foreign subsidies distorting the internal market. This book analyses the regulation in more detail. To this end, after the brief introduction, its rationale and core contents are first presented. Then, its scope of application is to be explored in more detail, as the Regulation was criticised early on with regard to its compatibility with international law, which has an intense bearing on the substantive and personal scope of application of the Regulation. Subsequently the central regulatory concepts of the Regulation will be presented and then the specific rules for concentrations and public procurement procedures analysed. The conclusion will summarise the findings. In view of the likely backlash from powerful third countries, there is a risk of new distortions to the detriment of EU companies ́ activities in third country markets.
Weaponising Investments
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Author : Jens Hillebrand Pohl
language : en
Publisher: Springer Nature
Release Date : 2024-02-20
Weaponising Investments written by Jens Hillebrand Pohl and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-20 with Law categories.
This second volume of highly topical two-volume set “The Investment Weapon” continues to present pioneering research for the purpose of developing a common analytical foundation and framework for the emerging interdisciplinary research field of investment control. This second volumes shifts the focus from the policy context to the legal and regulatory aspects of investment controls, specifically from an international, transnational, and comparative law perspective. The topics range from control of subsidized investments to non-national security related investment controls and alternatives to investment screening.
The Evolving Governance Of Eu Competition Law In A Time Of Disruptions
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Author : Carlo Maria Colombo
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-02-08
The Evolving Governance Of Eu Competition Law In A Time Of Disruptions written by Carlo Maria Colombo and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-08 with Law categories.
This book develops a timely analysis of the complex trends and transformations emerging in EU competition law in the current turbulent times. Repeated economic crises, the climate emergency, digitalisation, and geopolitical and democratic threats are all having profound societal and economic effects on the EU. In light of its fundamental role in the Treaties, EU competition law has been called upon to play an important role in responding to this state of 'turbulence'. This brings about significant governance and constitutional challenges, firstly by questioning how the governance of EU competition law is being transformed to respond and adapt. Secondly, these crisis-induced transformations probe the logic and constitutional limits of EU competition law within the framework of EU law. This collection brings together EU institutional and competition lawyers to reflect on the governance and constitutional challenges emerging from the post-modernisation evolution of EU competition law against the backdrop of the recent multiple crises in the EU. The essays focus on the substantive and procedural developments across the three main policy areas of EU competition law: antitrust, merger control and State aid. EU constitutional and competition lawyers will be interested in this important new collection.
Balancing The Protection Of Foreign Investors And States Responses In The Post Pandemic World
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Author : Yulia Levashova
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2022-05-11
Balancing The Protection Of Foreign Investors And States Responses In The Post Pandemic World written by Yulia Levashova and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-11 with Law categories.
The COVID-19 pandemic has brought the debate on reform of the international investment agreement regime to the fore with renewed force. In this important and timely book, top professionals in the field collectively offer an in-depth investigation of the measures that States have taken, or failed to take, to deal with the pandemic’s consequences and whether these actions or inactions can be construed as investment arbitration risks. In an extensive overview of the impact of COVID-19 on States and investors – including perspectives from UNCTAD, the European Union, the United States, Russia, India, South Korea and the African Union – this comprehensive guide on State defences and investor protection mechanisms tackles such aspects of the debate as the following as affected by the pandemic: treatment of investors in times of pandemic and in the post-pandemic world; sufficient contribution to the economic development of the host State; disparities in bargaining power; and use of ‘pandemic power’ to accord preferential treatment. The final part of the book is dedicated to analysing case studies from around the world in the context of the pandemic and investor-State disputes. Understanding the way public health emergencies can shape international investment law is key to building a sustainable, stable investment environment. As the first detailed study of the post-pandemic development of investment law, this matchless collection takes a giant step toward reconciling the interests of foreign investors and sovereign States at various stages of economic development. With practical recommendations for both States and investors, it will be of immeasurable assistance to practitioners, policymakers, and academics in anticipating and dealing not only with COVID-related measures but also with similar future contingencies.
Schuman Report On Europe State Of The Union 2025
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Author : Pascale Joannin
language : en
Publisher: Hémisphères Éditions
Release Date : 2025-07-09
Schuman Report On Europe State Of The Union 2025 written by Pascale Joannin and has been published by Hémisphères Éditions this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-07-09 with Political Science categories.
... and Europe asserted itself in the face of a rapid acceleration of history. In a world marked by profound geopolitical upheavals, the European Union is turning into a true global power. The challenges it faces are critical: what kind of security and defence instruments are needed to develop European sovereignty, as the Union stands between Russia, which is continuing its war on the continent, and the United States, which is withdrawing from its global responsibilities? How can competitiveness and growth be guaranteed in Europe and the necessary technological and digital innovations be achieved? What responses should be given to internal and institutional challenges? The findings of the authors of the 19th publication of the Schuman Report on Europe are unequivocal: the European model must be defended on the international stage, which implies the emergence of a European Defence Union, promoting strategic autonomy with a European preference. The European Union must simplify its regulations to strengthen its position as an economic power in a context of accelerated transitions and trade wars. Finally, to be able to act quickly and effectively, Member States must remain united and demonstrate political will, as the Union is facing numerous challenges: populist movements that are gradually closing in on power, its conflictual neighbourhood and the expectations of candidate countries knocking at its door. The response is therefore clear and unanimous – at this historic moment, when challenges can be transformed into unique opportunities, the European Union is needed more than ever before. "The Schuman Report on Europe, the State of the Union 2025" brings together the most relevant contributions to major contemporary issues and gives a voice to those who shape and analyse Europe. With original maps and statistical data complete with commentary, this book is an essential tool to understand the challenges facing a Union in the midst of transformation. ABOUT THE AUTHOR "Managing Director of the Robert Schuman Foundation. A former auditor of the 56th national session of the Institute of Higher National Defence Studies (IHEDN), Pascale Joannin is the director of the "Schuman Report on Europe, the state of the Union", published by Hémisphères, and co-editor of the "Permanent Atlas of the European Union", published by Marie B (5th edition), 2021. She is the author of "L'Europe, une chance pour la femme, Note de la Fondation Robert Schuman, n° 22", 2004. She has published numerous studies on European issues. "
Weaponizing Eu State Aid Law To Impact The Future Of Eu Investment Policy In The Global Context
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Author : Pamela Finckenberg-Broman
language : en
Publisher: Springer Nature
Release Date : 2022-09-28
Weaponizing Eu State Aid Law To Impact The Future Of Eu Investment Policy In The Global Context written by Pamela Finckenberg-Broman and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-28 with Law categories.
This book provides a comprehensive analysis of how EU state aid law is shaping the future of EU investment policy in a global context. It examines in detail how EU state aid policy and practice interact with the EU investment regime on the internal market and affect the external trade relations of the Member States and the EU alike. The debate this book engages in concerns competence, i.e., which body delineates the scope of state aid law and policy (now and in the future) when and where it intersects and collides with another distinct legal field: investment protection. Pursuing a doctrinal approach to the topic in the light of EU law and international law, the book analyses the interaction of the EU’s trade, state aid and investment policy. This is done by posing the following research question: How is EU state aid law shaping the future of EU investment policy in a global context? Further, the book puts forward three corresponding arguments. First, this influence can be seen in the EU’s incorporation of clauses promoting fair competition and state aid policy in international trade agreements. Second, EU state aid law and policy contributed to recent internal developments which led the Member States to terminate their bilateral agreements with each other (intra-EU BITs) by the end of 2019. Third, the EU has been working to replace the BITs between its Member States and third countries (extra-EU BITs) with its own trade agreements, which are aligned with EU legislation. This combined analysis of EU law and international law yields a number of interesting conclusions. The book addresses a highly topical and rapidly evolving area of EU law and international investment law. It is also the first book to provide a comprehensive approach to the interplay of state aid rules and EU investment policy internally and externally, i.e., within the EU and on a global scale. As such, it closes an important gap in the extant literature on international and EU law.
China S Foreign Investment Legal Regime
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Author : Yuwen Li
language : en
Publisher: Routledge
Release Date : 2022-03-10
China S Foreign Investment Legal Regime written by Yuwen Li and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-03-10 with Business & Economics categories.
China has developed a piecemeal pattern of regulating foreign investment since the end of 1970s. The latest law is the Foreign Investment Law (FIL), which became effective on 1 January 2020. The groundbreaking new FIL is well acknowledged for its promises and affirmations pledged to investors, signalling China’s eagerness to improve its investment environment and regain momentum for investment growth. This book provides an updated and holistic understanding of the key features of the regulatory regime on foreign investment in China with critical analysis of laws and their implementation. It also examines sensitive and complex legal issues relevant to foreign investment beyond the 2020 FIL and new developments on foreign-related dispute settlement. The book uses cases of success and failure to illustrate the nuances and differences between law and practice regarding foreign investment. Considering China’s magnitude in the global economy and the weighty role of the regulatory system on foreign investment in China, this book is of great interest to a wide range of audience including academics in the field of investment law, legal practitioners, policymakers, and master's students in law and in management.
Eu Trade Defence Law And Practice
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Author : Christoph Herrmann
language : en
Publisher: Springer Nature
Release Date : 2023-02-22
Eu Trade Defence Law And Practice written by Christoph Herrmann and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-02-22 with Law categories.
The European Union is one of the most outward-oriented economies in the world, and free trade is one of its founding principles. As such, instruments intended to ensure that international trade is conducted on a level playing field have been part of the EU’s policy toolbox since the beginning of European integration. Adapting to the current changes in international trade, these instruments have since undergone major reforms. This work provides an overview of the EU’s legal framework on the use of its trade defence instruments, in particular measures under the Trade Barriers Regulation, the Basic Anti-Dumping Regulation and the Basic-Anti Subsidy Regulation. The book shares valuable insights into how EU institutions currently apply these instruments and places their application in the broader political context in which international trade takes place, which has been shaped e.g. by developments related to the United Kingdom’s withdrawal from the EU and the ongoing blockade of the WTO Appellate Body.
The Transformation Of Eu Competition Law Next Generation Issues
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Author : Adina Claici
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2023-05-12
The Transformation Of Eu Competition Law Next Generation Issues written by Adina Claici and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-12 with Law categories.
The controversy surrounding EU competition rules has grown in recent years. Pressure from such phenomena as the COVID-19 pandemic, climate change and the digital economy have fostered a fragmentation in the interpretation of the rules at both national and EU levels. This volume takes stock of the current situation, assessing the successes and failures of the prevailing ‘modernisation’ policy and setting forth a range of potential legal adaptations designed to offer the right responses to a rapidly changing world. The book’s contributions are based on papers delivered at the 2022 Annual Conference of the Global Competition Law Center (GCLC) at the College of Europe in Bruges. The authors include prominent practitioners and academics, members of the European Commission, representatives of national competition authorities, and judges from both EU and national courts. They address such salient issues as the following: free competition versus ‘regulated competition’ as alternative or complementary models; new methods for the identification of consumer harm and benefits; sui generis competition law regimes for specific sectors; State aid enforcement and crisis management; and the green and digital objectives and their legal and political implications. Taken together, the essays provide extensive treatment of the EU Courts’ jurisprudence and the literature in the field. For practitioners, policymakers and academics working with competition law, the book will clearly explain the new competencies of the Commission, raise awareness of the latest case law on the analysis of effects, and ensure a forward-looking approach to competition law enforcement in Europe.
International Economic Law In Contemporary World
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Author : Liyu Han
language : en
Publisher: Springer Nature
Release Date : 2024-03-23
International Economic Law In Contemporary World written by Liyu Han and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-23 with Law categories.
This book focuses on the real themes in various areas of international economic law and explores the key elements behind the written rules. The advantage of this approach is that these themes or elements apply to all types of countries, whether developed or developing, whether market-based or not, and to trade, investment, or other transactions. This book reflects the author's thoughts and views on international economic law and its application based on his experience advising government departments and entities, particularly insights into the U.S.-China trade war from the perspective of a Chinese scholar. This feature makes the book very different from other books published before the U.S.-China trade war or textbooks that simply introduce the relevant subjects and provokes readers to think deeply about the relevant issues.